Privacy Policy

Last updated: April 28, 2023

This is the privacy policy (“Privacy Policy”) that governs how Virtus Real Estate Capital (“Virtus”, “we”, “our” or “us”), use Personal Data (defined below) that we collect, receive and store about you in connection with your use of our website: virtusre.com / and any other website or application that we operate (each, together with its sub-domains, content and services, a “Site”).

You may choose whether or not to provide or disclose Personal Data in connection with your use of the Site. If you choose not to provide the Personal Data we request, you may still visit and use parts of our Site, but may be unable to access or use certain features, options, programs, and services. The Site may contain links to third-party websites and services that are not owned or controlled by Virtus. We are not responsible for the privacy practices or the content of third party websites, services and advertisements, and you visit them at your own risk.

1. Introduction.

We are committed to respecting privacy and recognize the need for appropriate protection and management of any Personal Data that is shared with us as part of using the Site. As used in this Privacy Policy, “Personal Data” means any information that may be used, either alone or in combination with other information, to personally identify an individual.

2. Changes to this Privacy Policy.

We reserve the right, at our discretion, to change the terms of this Privacy Policy at any time. You can see when this Privacy Policy was last updated by reviewing the “Last Updated” legend on the top of this page. We may provide you with notice of material changes to the Privacy Policy as appropriate under the circumstances. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THIS PRIVACY POLICY WILL APPLY IMMEDIATELY UPON POSTING TO THE SITE.

3. Personal Data Collected.

3.1. Personal Data You Provide To Us On The Site.

a) Types of Personal Data. We and our service providers collect the Personal Data set forth below in order to provide the Site to you, or because we are legally required to do so. If you do not provide the Personal Data we request, we may not be able to provide you with the Site. The Personal Data we and our service providers collect includes but is not limited to:

• Your name;
• Email address;
• Title;
• Investor or investment advisor role;
• Password;
• Organization;
• Information included your resume; and
• Communications you send to us.

b) When Personal Data is Collected. You may be required to provide us with certain information that may constitute Personal Data in the following ways:

• Contact Information

In various areas of our Site and in printed materials, we provide you the opportunity to submit a form with basic contact information, such as your name and email address. With your permission, Virtus uses such information to inform you of new investment products and services, white papers, and upcoming events that may be of interest. If you no longer wish to receive these emails, the opt-out process is described in Section 7.2 of this Privacy Policy.

• Login Information

We process your email username and password to enable you to securely log into the Investor Portal feature of the Site, and we process that information to appropriately control access to restricted content. We process this Personal Data only as necessary to provide you services on the Site and to further our legitimate interests in protecting the Site and content.

• Information Collected through Various Forms

We and our service providers may collect Personal Data in a variety of ways, including: (i) through use of our Site, e.g., when you sign up for a newsletter; (ii) offline, such as through in-person referrals and through sign-in information at our front desk; or (iii) from other sources, such as public databases, joint marketing partners, and from other third parties.

3.2. Personal Data You Provide To Third Parties On The Site. Please note that we use certain third party service providers on the Site to enhance your experience or deliver certain services. These providers may collect Personal Data about you in performing their services and/or functions on the Site. For more information on our third party service providers, and their privacy practices, please click here.

3.3. Information Collected Automatically. Certain information on the Site is collected automatically by means of various software tools. We have a legitimate interest in using such information to assist in log-in, systems administration purposes, information security and abuse prevention, to track user trends, and to analyze the effectiveness of the Site. Alone or in combination with other information, such automatically collected information may constitute Personal Data. Some of our service providers (described in Section 5, below) may use cookies or other methods to gather information regarding your use of the Site. Such third parties may use these cookies or other tracking methods for their own purposes by relating information about your use of the Site with any Personal Data about you that they may have. The use of such information by a third party depends on the privacy policy of that third party.

a) Log Files On The Site. The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (“ISP”), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.

b) Cookies. We use cookies to make interactions with the Site easy and meaningful. When you visit the Site, our servers may send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your web browser. Unless you choose to identify yourself to us, such as by filling out a web form, you remain anonymous to us.

We may use cookies that are session-based and persistent. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your web browser’s ability to accept cookies, you will be able to navigate the Site, but you may not be able to successfully use all of the features of the Site.

The following sets out how we may use different categories of cookies and your options for managing cookie settings:

c) Other Tracking Technologies. When you visit the Site, we may collect your IP address for certain purposes such as, for example, to monitor the regions from which you navigate the Site. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of the Site and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to the Site. We may use web beacons to operate and improve the Site and email communications.

d) Analytics Software Tools. We use Google Analytics on the Site to help us analyze the traffic on the Site. For more information on Google Analytics’ processing of Personal Data, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin http://www.google.com/ads/preferences/plugin/ provided by Google, you can opt out of Google Analytics.

4. The Purposes For Which We Use Personal Data.

If you submit or we collect Personal Data through the Site, then such Personal Data may be used in the following ways: (i) to provide, analyze, administer, and improve the Site, our products and services, (ii) to contact you in connection with the Site and certain services, notifications, events, programs or offerings that you may have registered for, (iii) to send you updates and promotional materials that you have registered for, (iv) to identify and authenticate your access to the parts of the Site and services that you are authorized to access; (v) for recruiting and human resources administration purposes, and (vi) to protect the rights and/or our property and to ensure the technical functionality and security of the Site.

5. How We Disclose Personal Data.

We do not sell, lease, rent or otherwise disclose the Personal Data collected from the Site to third parties unless otherwise stated below or with your consent.

5.1. Our Third Party Providers. We transfer Personal Data to our third party service providers that perform tasks on our behalf, such as placement agents, fund administrators, transfer agents, and audit and tax service providers, and that assist us in providing the Site, as more fully described in Section 3.2. We use commercially reasonable efforts to only engage or interact with third party service providers and partners that post a privacy policy governing their processing of Personal Data. Notwithstanding the foregoing, we will comply with applicable laws regarding Personal Data transfers as well as any transfer restriction that is specified in an agreement between Virtus and a customer.

5.2. In the Event of Merger, Sale, or Change of Control. We may transfer or assign this Privacy Policy and any Personal Data to a third party entity that acquires or is merged with us as part of a merger, acquisition, sale, or other change of control.

5.3. Other Disclosures. We may disclose Personal Data about you if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our terms of use, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Virtus, our users, or the public.

6. Retention of Personal Data.

We reserve the right to retain any Personal Data as long as the Personal Data are needed to: (i) fulfill the purposes that are described in Section 4 (The Purposes For Which We Use Personal Data), and (ii) comply with applicable law.

7. Your Rights.

7.1 Personal Data. If you have an account on the Site, to the extent we are legally required, we provide access to—and the ability to edit or delete—certain categories of Personal Data through the account.

If you would like to access, amend, erase, export (i.e., data portability), or object to or restrict the processing of Personal Data collected via the Site, you may submit a request to privacy@virtusre.com or write to us at:

Virtus Real Estate Capital

835 W. 6th Street, Suite 1500

Austin TX, 78703

We will promptly review all such requests in accordance with applicable laws.

Depending on where you live, you may have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Data about you. We encourage you to first reach out to us at privacy@virtusre.com so we have an opportunity to address your concerns directly before you do so.

7.2. Opting-Out of Promotional Emails. You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us, or by responding to the emails directly and requesting removal if such a link is not available. Additionally, you may send a request specifying your communications preferences to privacy@virtusre.com. Customers cannot opt out of receiving transactional emails related to their account with us or our services. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).

8. Data Security.

The security of Personal Data is important to us. We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security.

9. Children’s Privacy.

The Site is not intended for children under the age of 18. Accordingly, we do not intend to collect Personal Data from anyone we know to be under 18 years of age.

10. How We Respond to Do Not Track Signals.

Virtus does not track Site users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual consumer’s online activities over time and across third-party websites or online services.

11. Your California Privacy Rights.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of Personal Data about you by Virtus to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to privacy@virtusre.com or write to us:

Virtus Real Estate Capital

835 W. 6th Street, Suite 1500

Austin TX, 78703

12. Contacting Us.

Any comments, concerns, complaints, or questions regarding our Privacy Policy may be addressed to privacy@virtusre.com.